NAIROBI CITY COUNCIL V. THABITI ENTERPRISES LIMITED

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: AKIWUMI, TUNOI and LAKHA, JJ.A.)

CIVIL APPEAL NO. 264 OF 1996

BETWEEN

NAIROBI CITY COUNCIL .................................. APPELLANT

AND

THABITI ENTERPRISES LIMITED ................ RESPONDENT

(Being an Appeal from the Order of the High Court of Kenya at Nairobi (Justice Hayanga) given on the 26th November, 1996

In

H.C.C.C. NO. 4626 OF 1992)

JUDGMENT OF AKIWUMI J.A.

Thabiti Enterprises Ltd which I shall call "Thabiti" and which is the respondent in this appeal, filed a suit against the Nairobi City Council, the appellant in this appeal. In this suit which was clearly one of alleged trespass by the City Council on the suit land namely, L.R. 209/10466 belonging to Thabiti, Thabiti sought the following relevant and significant prayers:

"(a) A permanent injunction restraining the Defendant its servants and or agents from putting up any and/or further structures on L.R. No. 209/10466.

(b)The Defendant be ordered to remove all erections put on L.R. No.209/1046…